STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

HOUSE BILL 1850	By:	Blackwell

AS INTRODUCED

An Act relating to state government; amending 74 O.S. 2001, Section 4249, which relates to lobbyists; modifying definitions; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     74 O.S. 2001, Section 4249, is amended to read as follows:
Section 4249.  As used in Sections 6 4249 through 12 4255 of this act title:
1.  "Lobbying", or any derivative of the word, means any oral or written communication with a member of the Legislature, with the Governor, with a member of the Corporation Commission, with a member of the judiciary or with an employee of the Legislature, the Governor, with an officer or employee of a governmental entity, the Corporation Commission or the judiciary on behalf of a lobbyist principal with regard to the passage, defeat, formulation, modification, interpretation, amendment, adoption, approval or veto of any legislation, rule, regulation, executive order or any other program, policy or position of the state government; provided, however, it shall not mean testimony given before, or submitted in writing to, a committee or subcommittee of the Legislature, nor a speech, article, publication or other material that is widely distributed, published in newspapers, magazines or similar publications or broadcast on radio or television; provided further, it shall not mean representation of himself or herself or a client by an attorney acting in a professional capacity as an attorney who has entered an appearance in a court proceeding or quasi-judicial proceeding or a legislative or quasi-judicial proceeding before the Corporation Commission;
2.  "Lobbyist" means any individual who is employed or retained by another for financial or other compensation to perform services that include lobbying, other than an individual whose lobbying activities are only incidental to, and are not a significant part of, the services provided by such individual to the client, except the following individuals shall not be considered lobbyists:
a.	an individual appearing before a meeting of a legislative body or executive agency who receives no compensation for his or her appearance other than reimbursement from the state for expenses and who engages in no further or other lobbying,
b.	a public or federal official acting in his or her official capacity, and
c.	a public employee acting on behalf of the governmental entity by which he or she is employed, and
d.	any person exercising his or her constitutional right to petition the government who is not specifically required by the provisions of Sections 6 4249 through 11 4254 of this act title to register as a lobbyist and who receives no compensation or anything of value for lobbying;
3.  "Lobbyist principal" means any person who employs or retains another person for financial or other compensation to conduct lobbying activities on behalf of the lobbyist principal; provided, however, it shall not mean any individual members, partners, officers or shareholders of a corporation, association, firm, joint venture, joint stock company, syndicate, business trust, estate, trust, company, partnership, limited partnership, organization, committee, or club, or a group of persons who are voluntarily acting in concert;
4.  "Public member" means a member appointed to a compensated or uncompensated part-time position on a board, commission, council, authority, bureau, committee, state beneficial public trust, or other establishment of the executive, legislative or judicial branch of the State of Oklahoma.  A public member shall not lose this status by receiving reimbursement of expenses or a per diem payment for services.  A public member shall not include:
a.	members of advisory bodies to the legislative, executive, or judicial branch of state government,
b.	Postadjudication Review Board members appointed pursuant to Section 1116.2 of Title 10 of the Oklahoma Statutes,
c.	board members of guaranty associations created pursuant to state statute, and
d.	precinct inspectors, judges, clerks and counters;
5.	"State employee" means:
a.	an elective or appointed officer or an employee of any state governmental entity, except members of the House of Representatives or State Senate, and
b.	an employee, other than an adjunct professor, in the service of an institution of higher education comprising The Oklahoma State System of Higher Education.
The term "state employee" shall not include a public member; and
6.  "State officer" means an elective, appointed or employed officer, including a public member, in the executive, judicial or legislative branch of the State of Oklahoma.

SECTION 2.  This act shall become effective November 1, 2011.

53-1-5499	LRB	12/22/10